tool box damaged from relocation

UPDATED: Oct 1, 2022

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tool box damaged from relocation

I was forced to relocate from Norman Oklahoma to Edmond Oklahoma, at this time two of my tool boxes were severely damaged. both my employer and tow company stated I was responsible. the strap holding boxes down came loose and went under the wheel of tow truck causing the strap to crush my boxes. at first my employer stated they would do something. now they say I was responsible for the load. this was 6 months ago. I have just resigned from employment to move back to Enid to help with care of my mother. this is when they stated they were not responsible

Asked on October 27, 2017 under Employment Labor Law, Oklahoma


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your employer would only be responsible if they caused the boxes to fall under the wheels of the truck--that is, if the employer strapped the boxes down but did so negligently (carelessly) or othewise inadequately. Liability (financial responsibility) depends on fault: if the employer was not at fault in causing the damage, they are not liable. The same thing goes to the tow truck: they would only be liable if they caused the boxes to fall. Neither party was resonsible based on what you write, and you appear lucky that they agreed to give you anything at all. Furthermore, if you agreed to take $1,000, that resolves the case: you cannot agree to accept $1,000 for your loss then ask for more.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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